No separate sentence under Section 376AB IPC after punishment under Section 6 of the POCSO Act for the same act, Kerala High Court rules

22 October 2026

The Kerala High Court decided Shaji v. State of Kerala, reported with the neutral citation 2026:KER:78048.
The Court held that a separate sentence under Section 376AB of the Indian Penal Code need not be imposed once punishment has been awarded under Section 6 of the Protection of Children from Sexual Offences Act, 2012 for the same act.
The ruling addresses the overlap between the general penal law and the special child protection statute when a single act attracts both.
Section 42 of the POCSO Act provides that where an act is an offence under both the POCSO Act and the penal law, the offender is liable to the punishment that is greater in degree.